Building Information Certificate

A Building Information Certificate (‘BIC’) prevents a local council, for a period of 7 years, from ordering a building to be repaired, demolished, altered, added to or rebuilt, and from taking civil proceedings in relation to encroachments on the land under its control.1 A BIC is often sought when a building has undergone unauthorised works, because development consent cannot be retroactively approved for work already undertaken.

A BIC does not prevent a local council from issuing a fire safety order or a building product restriction order.[2]

Occupation Certificates

An Occupation Certificate (‘OC’) allows people to occupy a building, and / or commence the new use of an existing building.[3] It is a legal requirement to obtain an OC before persons may occupy a building.[4]

There are legislative requirements that must be satisfied before an OC may be issued. These are:

• a development consent has been issued; and

• a construction certificate has been issued (in respect to the plans for building); and

• the completed building meets the requirements under the Building Code of Australia; and

• all other legislative requirements are complied with.[5]

Does a BIC enable a certifier to issue an Occupation Certificate?

No. A BIC does not enable a certifier to issue an OC. Satisfying the legislative requirements remains an essential qualifier for obtaining an OC. As noted above, an OC cannot be issued if a development consent has not been obtained. So, even if a BIC has been issued, if development consent has not been obtained, then an OC cannot be issued. This is but one example of why an OC cannot be issued, even if a BIC has been issued.

Key Takeaways

Persons involved in the construction of a building should be aware of the certification required to carry out the work, and many issues can be avoided if certificates are obtained at the correct time. Legal advice can assist you in navigating this process.

Footnotes

[1] 1 Environmental Planning and Assessment Act 1979 (NSW) s 6.25(4)(a)-(b)

[2] Environmental Planning and Assessment Act 1979 (NSW) s 6.25(5).

[3] Environmental Planning and Assessment Act 1979 (NSW) s 6.9(1)(a)-(b).

[4] Environmental Planning and Assessment Act 1979 (NSW) s 6.3(1)(c).

[5] Environmental Planning and Assessment Act 1979 (NSW) s 6.10(2(a)-(d).